173-35-08 Facility responsibilities.

In order for an approved community living arrangement to be determined appropriate for RSS clients, the facility must agree to the following:

(A) To accept the allowable fee established in rule 173-35-07 of the Administrative Code as payment in full for all accommodations, supervision and personal care services provided by the facility to RSS residents. A facility may not request additional payment for these services from the resident, the resident’s family, or any other local, state or federal agency.

(B) To provide RSS case managers access to all RSS resident records including, but not limited to, the residents’ financial records and any mental health plans of care as defined in paragraph (E) of rule 3701-20-18 of the Administrative Code.

(D) To notify an RSS resident’s case manager prior to transferring or discharging the resident to another living arrangement.

(E) To notify an RSS resident’s case manager of any significant changes in the status of an RSS resident that might affect the resident’s needs.

(F) To refrain from acting as legal guardian or power of attorney for any RSS resident unless the facility was appointed guardian or named power of attorney prior to July 1, 2000. A facility, however, may act as an individual’s/resident’s authorized representative.

(G) To maintain the appropriate licensure or certification.

(H) To return to ODJFS any RSS payment that the facility receives for an RSS resident who was disenrolled from the RSS program or left the facility prior to the beginning of the month for which the payment was made.

(I) To give a prorated portion of any living arrangement fee to an RSS client who finds it necessary to leave the facility prior to the end of the month for which the payment was made due to extenuating circumstances. Extenuating circumstances, include but are not limited to the following:

(1) The mental, emotional or physical condition of the resident requires a level of care that the facility is unable to provide;

(2) The health, safety or the welfare of the RSS resident or of another resident requires a transfer or discharge;

(3) The facility’s license has been revoked or renewal has been denied in accordance with the facility’s licensure/certification requirements;

(4) The facility closes; or

(5) The health, safety, or welfare of an individual who resides in the facility, but is not a resident or an employee of the facility, requires a transfer or discharge of the resident.

The facility shall make the payment required under this paragraph even though the resident has failed to give the minimum notice of departure that might be required by an admissions agreement or other contract between the facility and the resident.

(J) To maintain its RSS residents’ financial accounts in accordance with the facility’s licensure/certification requirements.

(K) To permit RSS residents daily access to their personal funds during regularly scheduled office hours, as specified in a posted notice available to all residents.

(L) To have RSS residents sign receipts for all funds exchanged between the resident and the facility including, but not limited to, payment for care, spending money and any purchases made on behalf of the resident by the facility. Additionally, the facility shall provide the residents with a quarterly itemized account statement. The PAA, with the resident’s permission, shall be provided this statement upon request.

(M) To arrange transportation for its RSS residents as needed. If the facility provides transportation for a charge to the resident, the facility shall provide the resident with complete information regarding the facility’s transportation policy, including information concerning costs, and other transportation options available to the resident.

(N) To refrain from charging a resident more than the usual and customary rate for providing transportation or purchasing items.

(O) To provide for the resident’s needs as determined by the PAA. If the facility is not able to meet the resident’s needs, the facility shall work with the PAA to relocate the resident to an appropriate living arrangement.

HISTORY: Eff 7-1-00; 9-29-02

Rule promulgated under: RC 119.03

Rule authorized by: RC 173.02, 173.35

Rule amplifies: RC 173.35

R.C. 119.032 Review Dates: 7/15/2002 and 09/15/2007